Study On Environmental Administrative Penalty System

Administrative fines is the most common way of the penalties in the field of environment,among the many forms of punishment, the fine has a special status and role.Compared with administrative warning, detention, confiscation of illegal income, etc, it has a fine greater flexibility and universality.lt is because of the special nature of administrative fines, penalties in environmental protection and governance, has become the main force of China’s environmental protection and has made a great contribution.However, China’s environmental problems have not been effectively addressed, significant environmental problems remain frequent outbreaks, fines did not play its due role in deterrence.Throughout the provisions on penalties of China’s existing laws and administrative regulations, problems can be seen.In legislation, fines is low, penalties standards are not clear;In law enforcement, the agency discretion is too large, easy to breed corruption,perform administrative organs fines is not sufficiently rigorous, can not be applied to the enterprise sufficient legal deterrent;On the use of environmental administrative fines, penalties could not earmarked and can not be a good remedy environmental problems.Why fine environmental governance to become the most important way?How to set the amount of the fine and the way to achieve optimal results,we were able to draw a clear result of the use of factors of law and economics analysis.According to economic factors affecting the fines, in particular violations found by calculating the probability of illegal costs, draw more reasonable amount of the fine, it provided a new direction for the development of environmental administrative fines. While increasing investment in law enforcement law enforcement to increase the probability of finding violations, standardize administrative discretion, strict law enforcement, put fines for environmental pollution,and final penalty system would play its due role.